How can several home purchases qualify as an EB-5 commercial enterprise? - EB5Investors.com

How can several home purchases qualify as an EB-5 commercial enterprise?

I have purchased three homes in the United States. All are rented and require three gardeners, three pool techs, three cleaners, and a manager. That is 10 jobs and a commercial investment. Would this qualify for an EB-5 visa? Does it matter if the jobs have already been created before I file the application? Do the jobs created by an EB-5 investment have to be in one location?

Answers

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

If the management of these properties and employees fall under one business entity, it may be possible to consider that a new commercial enterprise, but you would need to conduct much more review and planning.

Julia Roussinova

Julia Roussinova

Immigration Attorneys
Answered on

It is unlikely this would qualify unless there are construction jobs. EB-5 investment must create at least 10 full-time (at least 35 hours/week) permanent jobs. You should talk to an experienced EB-5 immigration attorney to discuss options.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

Unlikely, but if you are remodeling there might be options. Need to hire a competent team.

John J Downey

John J Downey

Immigration Attorneys
Answered on

What was the amount of the investment? If $1 million or more, then the location should not matter. As long as it a new commercial enterprise as defined by the statute you should be able to apply for EB-5. I would, however, retain an attorney versed in EB-5 law to ensure everything is verified and filed correctly.

Ian E Scott

Ian E Scott

Immigration Attorneys
Answered on

It is unlikely this would work. The 10 jobs have to be full-time and I could not see how you would need cleaners and gardeners full-time for three properties. Also, the investment must be what creates the jobs.

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